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2015 Supreme(Raj) 1987

P.K.LOHRA
Mukut Raj Laxmi – Appellant
Versus
Dr. Jitendra Singh – Respondent


Advocates:
For the Petitioner:S.C. Maloo, Advocate.
For the Respondent Nos. 1 to 2:O.P. Mehta, Advocate.
For the Respondent No. 3:G.R. Singhvi, Advocate.

JUDGMENT

1. - Imploring annulment of impugned order dated 15.01.2015 (Annex. 5) passed by learned District Judge, Jaisalmer (for short 'the learned court below'), the petitioners-defendants have laid this writ petition under Article 226 & 227 of Constitution of India.

2. By the order impugned, the learned court below has accepted the application of the respondents-plaintiffs under Order 8, Rule 9 read with Section 151 CPC in a suit for possession, mesne profits and perpetual injunction.

3. Succinctly stated facts of the case are that first and second respondents-plaintiffs jointly filed a suit for possession, mesne profits and perpetual injunction against the petitioners-defendants and proforma defendant-respondent No.3. It is, inter alia, averred in the plaint that late Maharawal Jawahir Singh was blessed with two sons namely late Maharawal Girdhari Singh, who is father of second petitioner and father-in-law of first petitioner and proforma respondent is second son of Maharawal Jawahir Singh. As such, the suit projected a dispute between close relatives. Late Maharawal Jawahir Singh was owner of a property at Jaisalmer which is a multistoried building utilised as place of residence



































































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